If there’s no legal limit on exercise in England why was a legal challenge necessary?

[CherryBakebadly]

So the government has amended the national guidance to say you can exercise more in some situations (SEN, etc). Great. But. If the rules weren’t in law why did it need a legal challenge, can someone help me understand?

Wouldn’t that imply that when the government writes these rules they are writing binding law which is obviously not the case?

A legal challenge may not have been necessary in this case since the government changed the guidance before the case got to court. It may be that representations to the government on behalf of those affected would have achieved the same result.

The fact that government guidance is not law does not prevent it being legally challenged. It is open to anyone to argue in court that the guidance breaches their human rights, for example.

is there a news article link on this? not heard about this at all and haven't seen anything about it on bbc news or guardian.

I've not seen any news articles but you can read about it at www.bindmans.com/news/government-guidance-changed-to-permit-people-with-specific-health-needs-to-exercise-outside-more-than-once-a-day-and-to-travel-to-do-so-where-necessary

The fact that government guidance is not law does not prevent it being legally challenged. It is open to anyone to argue in court that the guidance breaches their human rights, for example.

Ah I see, that makes loads more sense now - thank you for explaining so clearly

Is it statutory guidance? If so then that should be treated as law.

Don’t know what constitutes statutory guidance

I think it is law though? Part of the coronavirus act?

No - that was my point! The once a day stipulation is not in the legislation, only in the guidance.

Because primary legislation cannot generally be challenged by judicial review, which is to deal with challenges to the government's exercise of its powers in circumstances where it is claimed that the government are acting unlawfully.

The guidance is just that...advice. What matters ultimately is the law. The relevant sections are actually in the health regulations and not the Corona Virus act and last time I looked there was not a time limit on exercise. This is why the police are having such a hard time as they have tried to enforce guidance...which is not enforceable unless they themselves break the law.